PIP appeal

Gaille

Hi Guys,

I have a question re my son's PIP appeal, He has received all the paperwork re his appeal and in the statement from the DWP they have stated that they have made their decision re his PIP application based on the report from his ESA assessment. He applied for EAS based on the advise of his job coach. He applied for PIP prior to applying for ESA. MY question is is it legal for the DWP to make a decision regarding his PIP application based on his ESA assessment which he has also appealed. This seems strange as if he by some slim chance won his EAS appeal, where would that put the decision relevant to his PIP appeal??

thespiceman

Hello @Gaille   Thank you for your post and sharing.

Please can I advise PIP and ESA are separate benefits.

This can happen can get one but might have to appeal second if lost benefit.

Even though may send same evidence and reports.

His job coach should have explained this to him.

Please look at our website or look at this link.  For further advice including speaking to an advisor.

https://www.citizensadvice.org.uk

Please if I can help with anything please ask me.

Please take care and safe.

Best wishes to a positive outcome.

@thespiceman

mikehughescq

You could argue it either way but there’s a public law principle that you must use what you have so, yes, there’s no issue on the face of it with their using evidence from ESA. Whether that stands up at the appeal is another thing altogether as ultimately they are 2 different benefits. 

All that said, it’s not the thing to focus on. Better to ask yourself what the case is. Which points ought he to score and why? What evidence do you have for each descriptor and what gaps are there?